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CIRCULAR
NO. 70-97.

CIRCULAR
NO. 70-97

TO: ALL
JUDGES AND CLERKS OF COURT OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURTS, SHARI’A CIRCUIT COURTS, THE MEMBERS OF THE NATIONAL PROSECUTION
SERVICE AND THE MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT:
PROCEDURAL GUIDELINES IN THE COLLECTION OF THE FILING FEES SUBJECT OF
SUPREME
COURT CIRCULAR
NO. 57-97 DATED 16 SEPTEMBER 1997 AND OTHER LEGAL FEES INVOLVED;
AND
THE DOCKETING OF THE CRIMINAL CASE/S ON THE VIOLATION OF BATAS PAMBANSA
BLG. 22.

In implementation
of the provisions of Circular
No. 57-97 dated 16 September 1997 prescribing rules and guidelines
in the filing and prosecution of criminal cases under Batas
Pambansa
Blg. 22 ["An Act Penalizing the Making or Drawing, and Issuance of
a Check Without Sufficient Funds or Credit and For Other Purposes"],
the
following procedures shall be followed in [a] the collection of the
filing
fees subject of said Circular
No. 57-97 and other legal fees involved; and [b] the docketing of
the
criminal case or cases on the violation of Batas Pambansa Blg. 22:chanroblesvirtuallawlibrary

1. The
Office of
the Clerk of Court shall receive the Information filed by the Office of
the Chief State Prosecutor or the Provincial/City, Prosecution Office.
Upon receipt, the Information shall be entered in a separate record
book
and assigned an undocketed number [UDK No.] consistent, of (a) the
Investigation
Slip No. ["I.S. No."] appearing on the said Information for easy
identification;
and (b) a number starting with No. 1 [Example: UDK No. 6789-1];2. Thereafter,
the Clerk
of Court shall, by form letter [Annex "A"], notify and advise the
complainant
of (a) the filing of the information; and (b) the requirement as to the
payment in full of the filing fees under Circular No. 57-97 based upon
the computation stated therein. The State Prosecutor, the
Provincial/Assistant
Provincial Prosecutor or the City/Assistant City Prosecutor who filed
the
Information and the respondent shall be furnished with copies of the
accomplished
form letter sent by the Clerk of Court;3. The
complainant shall
have a period of ten [10] days from receipt of the letter within which
to pay the filing fees. Should the complainant fail to pay the filing
fees
within the ten [10] day period stated herein, the case folder shall be
archived. After the lapse of two [2] months, the records may be
disposed
of.4. Upon
receipt of the
filing fees under Circular
No. 57-97, the Information shall be entered in the Court’s general
docket book and assigned the court case number. Thereafter, the Clerk
of
Court shall cause the inclusion of the case in the raffle of cases.The filing
fees and
other legal fees shall be processed in accordance with the flowchart
attached
herewith as Annex "B."5. In the
event that
the amount of the actual damages claimed exceeds the maximum amount of
P200,000.00, the filing fees to be collected in excess of the
aforementioned
amount shall be in accordance with the provisions of Section 7 (a),
Rule
141 of the Rules of Court.6. This
Circular shall
take effect on 1 November 1997 and shall remain in force until further
orders.21 October
1997.